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THE SENATE TWENTY-FOURTH LEGISLATURE, 2007 STATE OF HAWAII S.B. NO. 1920 S.D. 2 H.D. 2 A BILL FOR AN ACT RELATING TO TAXATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: PART I SECTION 1. It is time for Hawaii to take full advantage of its natural constituency with the countries of the Pacific rim and the rising tide of global popular culture in all its forms (including video games, animation, and indigenous films) to leverage Hawaii's inherent strengths. Digital entertainment, in the form of computer-animated films and video games, not only dominates the entertainment business today (e.g.,top box office hits like Finding Nemo and Happy Feet), but it is a globally-distributed economy. Technology means that companies can grow where people want to live, not where they have to work. Today's biggest hits come from outside Hollywood--from Emeryville (Pixar), Australia and New Zealand (Happy Feet and Lord of the Rings), and upstate New York (Ice Age). The $25,000,000,000 video game industry is based wherever the talent is; not where the historic infrastructure is. In the competition for artistic talent, SB1920 HD2 HMS 2007-3703

ACT AN FOR A BILL PART I · A BILL FOR AN ACT RELATING TO TAXATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: PART I SECTION 1. It is time for Hawaii to take full advantage

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Page 1: ACT AN FOR A BILL PART I · A BILL FOR AN ACT RELATING TO TAXATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: PART I SECTION 1. It is time for Hawaii to take full advantage

THE SENATE TWENTY-FOURTH LEGISLATURE, 2007 STATE OF HAWAII

S.B. NO. 1920 S.D. 2 H.D. 2

A BILL FOR AN ACT

RELATING TO TAXATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

PART I

SECTION 1. It is time for Hawaii to take full advantage of

its natural constituency with the countries of the Pacific rim

and the rising tide of global popular culture in all its forms

(including video games, animation, and indigenous films) to

leverage Hawaii's inherent strengths.

Digital entertainment, in the form of computer-animated

films and video games, not only dominates the entertainment

business today (e.g., top box office hits like Finding Nemo and

Happy Feet), but it is a globally-distributed economy.

Technology means that companies can grow where people want to

live, not where they have to work. Today's biggest hits come

from outside Hollywood--from Emeryville (Pixar), Australia and

New Zealand (Happy Feet and Lord of the Rings), and upstate New

York (Ice Age). The $25,000,000,000 video game industry is

based wherever the talent is; not where the historic

infrastructure is. In the competition for artistic talent,

SB1920 HD2 HMS 2007-3703

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Page 2 1920

S.B. NO . s-D-2 H.D. 2

Hawaii offers the perfect place to raise a family and the

perfect lifestyle for the artists in the creative digital field.

The purpose of this part is to improve the organizational

framework and the substance of tax provisions concerning

performing arts, motion pictures, digital media, and film

production by, among other things:

(1) Recodifying various tax-related provisions pertaining

to performing arts, motion pictures, digital media,

and film under a new part;

(2) Establishing a performing arts investment tax credit

and a tax credit for performing arts research

activities; and

(3) Amending the motion picture, digital media, and film

production income tax credit to improve

accountability, transparency, and to preclude

taxpayers from claiming multiple credits for the same

costs.

SECTION 2. Chapter 235, Hawaii Revised Statutes, is

amended by adding a new part to be appropriately designated and

to read as follows:

"PART . MOTION PICTURE, DIGITAL MEDIA, AND FILM PRODUCTION

SB1920 HD2 HMS 2007-3703 2

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Page 3 1920

H.D. 2

1235-A Performing arts royalties derived from patents,

copyrights, or trade secrets excluded from gross income. (a)

In addition to the exclusions in section 235-7, there shall be

excluded from gross income, adjusted gross income, and taxable

income, amounts received by an individual or a qualified

business as royalties and other income derived from any patents,

copyrights, and trade secrets:

(1) Owned by the individual or qualified business; and

(2) Developed and arising out of a qualified business.

(b) This exclusion shall extend to:

(1) The authors of performing arts products, or any parts

thereof, without regard to the application of the

work-for-hire doctrine under United States copyright

law;

(2) The authors of performing arts products, or any parts

thereof, under the work-for-hire doctrine under United

States copyright law; and

(3) The assignors, licensors, and licensees of any

copyright rights in performing arts products, or any

parts thereof.

(c) For the purposes of this section:

"Performing arts products" means:

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Page 4 1920

S.B. NO . s-D-2 H.D. 2

(1) Audio files, video files, audiovideo files, computer

animation, and other entertainment products perceived

by or through the operation of a computer; and

(2) Commercial television and film products for sale or

license, and reuse or residual fee payments from these

products.

"Qualified business" means a business engaged in producing

performing arts products that conducts more than fifty per cent

of its activities in qualified research.

"Qualified research" means:

(1) The same as in section 41(d) of the Internal Revenue

Code; and

(2) Performing arts products.

5235-B Performing arts investment tax credit. (a) There

shall be allowed to each taxpayer subject to the taxes imposed

by this chapter a performing arts investment tax credit that

shall be deductible from the taxpayer's net income tax

liability, if any, imposed by this chapter for the taxable year

in which the investment was made and the following four years;

provided the credit is properly claimed. The tax credit shall

be as follows:

SB1920 HD2 HMS 2007-3703

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Page 5 1920

S.B. NO . s.D*2 H.D. 2

(1) In the year the investment was made, thirty-five per

cent ;

(2) In the first year following the year in which the

investment was made, twenty-five per cent;

(3) In the second year following the investment, twenty

per cent;

(4) In the third year following the investment, ten per

cent; and

(5) In the fourth year following the investment, ten per

cent,

of the investment made by the taxpayer in each qualified

business, up to a maximum allowed credit in the year the

investment was made, $700,000; in the first year following the

year in which the investment was made, $500,000; in the second

year following the year in which the investment was made,

$400,000; in the third year following the year in which the

investment was made, $200,000; and in the fourth year following

the year in which the investment was made, $200,000.

(b) The credit allowed under this section shall be claimed

against the net income tax liability for the taxable year. For

the purpose of this section, "net income tax liability" means

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Page 6 1920

S.B. NO . s.D.2 H.D. 2

net income tax liability reduced by all other credits allowed

under this chapter.

(c) If the tax credit under this section exceeds the

taxpayer's income tax liability for any of the five years that

the credit is taken, the excess of the tax credit over liability

may be used as a credit against the taxpayer's income tax

liability in subsequent years until exhausted. Every claim,

including amended claims, for a tax credit under this section

shall be filed on or before the end of the twelfth month

following the close of the taxable year for which the credit may

be claimed. Failure to comply with the foregoing provision

shall constitute a waiver of the right to claim the credit.

(d) If at the close of any taxable year in the five-year

period in subsection (a) :

(1) The business no longer qualifies as a qualified

business ;

(2) The business or an interest in the business has been

sold by the taxpayer investing in the qualified

business; or

(3) The taxpayer has withdrawn the taxpayer's investment

wholly or partially from the qualified business,

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Page 7 1920

S.B. NO . s-D.2 H.D. 2

the credit claimed under this section shall be recaptured. The

recapture shall be equal to one hundred per cent of the amount

of the total tax credit claimed under this section in the

preceding five years taxable years. The amount of the credit

recaptured shall apply only to the investment in the particular

qualified business that meets the requirements of paragraph (I),

(2), or (3). The recapture provisions of this subsection shall

not apply to a tax credit claimed for a qualified business that

does not fall within the provisions of paragraph (I), (2), or

(3). The amount of the recaptured tax credit determined under

this subsection shall be added to the taxpayer's tax liability

for the taxable year in which the recapture occurs under this

subsection.

(e) Every taxpayer, before April 1 of each year in which

an investment in a qualified business was made in the previous

taxable year, shall submit a written, certified statement to the

director of taxation identifying:

(1) Qualified investments, if any, expended in the

previous taxable year;

(2) The amount of tax credits claimed pursuant to this

section, if any, in the previous taxable year; and

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Page 8 1920

S.B. NO s-D-2 H.D. 2

(3) The number of total hires versus the number of local

hires by category (i.e., department) and by country.

The department of taxation shall use the information from the

statements submitted each year under this subsection to prepare

a report published by May 1 of each year presenting the

information received under this subsection. The information

shall be presented in the aggregate and shall be available to

the public.

(f) The department shall:

(1) Maintain records of the names and addresses of the

taxpayers claiming the credits under this section and

the total amount of the qualified investment costs

upon which the tax credit is based;

(2) Verify the nature and amount of the qualifying

investments;

(3) Total all qualifying and cumulative investments that

the department certifies; and

(4) Certify the amount of the tax credit for each taxable

year and the cumulative amount of the tax credit.

Upon each determination made under this subsection, the

department shall issue a certificate to the taxpayer verifying

the information submitted to the department, including

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Page 9 1920

S.B. NO s-D.2 . H.D. 2

qualifying investment amounts, the credit amount certified for

each taxable year, and the cumulative amount of the tax credit

during the credit period. The taxpayer shall file the

certificate with the taxpayer's tax return with the department.

The director of taxation may assess and collect a fee to

offset the costs of certifying tax credits claims under this

section. All fees collected under this section shall be

deposited into the tax administration special fund established

under section 235-20.5.

(g) As used in this section:

"Investment tax credit allocation ratio" means, with

respect to a taxpayer that has made an investment in a qualified

business, the ratio of:

(1) The amount of the credit under this section that is,

or is to be, received by or allocated to the taxpayer

over the life of the investment, as a result of the

investment; to

(2) The amount of the investment in the qualified

business.

"Qualified business" means a business engaged in producing

performing arts products, employing or owning capital or

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Page 10 1920

S.B. NO s-D.2 . H.D. 2

property, or maintaining an office, in this state; provided

that :

(1) More than fifty per cent of its total business

activities are qualified research; and provided

further that the business conducts more than seventy-

five per cent of its qualified research in this state;

or

(2) More than seventy-five per cent of its gross income is

derived from qualified research; and provided further

that this income is received from:

(A) Products sold from, manufactured in, or produced

in this state; or

(B) Services performed in this state.

"Qualified research" means the same as defined in section

235-A.

"Performing arts products" means the same as defined in

section 235-A.

(h) Common law principles, including the doctrine of

economic substance and business purpose, shall apply to any

investment. There exists a presumption that a transaction

satisfies the doctrine of economic substance and business

purpose to the extent that the special allocation of the

SB1920 HD2 HMS 2007-3703

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Page 11 1920

S.B. NO. s.D.2 H.D. 2

performing arts tax credit has an investment tax credit ratio of

1.5 or less of credit for every dollar invested.

Transactions for which an investment tax credit allocation

ratio greater than 1.5 but not more than 2.0 of credit for every

dollar invested and claimed may be reviewed by the department

against applicable doctrines of economic substance and business

purpose.

Businesses claiming a tax credit for transactions with

investment tax credit allocation ratios greater than 2.0 of

credit for every dollar invested shall substantiate economic

merit and business purpose consistent with this section.

(i) Persons eligible for a tax credit under section 235-D

may claim a tax credit under this section but not under section

235-110.9. Persons not eligible for a tax credit under 235-D

shall not claim any tax credit under this section. Any person

that has:

(1) Claimed the tax credit under section 235-110.9; and

(2) Not exhausted the right to claim the tax credit for

the five-year period provided thereunder,

shall be eligible to continue to claim the tax credit, without

reduction or requalification, for the remainder of the five-year

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Page 12 1920 S.B. NO s.D-2 H.D. 2

period pursuant to this section if the taxpayer qualifies for a

credit under section 235-D.

(j) This section shall not apply to taxable years

beginning after December 31, 2010.

L235-C Tax credit for performing arts research activities.

(a) Section 41 (with respect to the credit for increasing

research activities) and section 280C(c) (with respect to

certain expenses for which the credit for increasing research

activities are allowable) of the Internal Revenue Code shall be

operative for the purposes of this chapter as provided in this

section; except that references to the base amount shall not

apply and credit for all qualified research expenses may be

taken without regard to the amount of expenses for previous

years. If section 41 of the Internal Revenue Code is repealed

or terminated prior to January 1, 2011, its provisions shall

remain in effect for purposes of the income tax law of the State

as modified by this section, as provided for in subsection (j).

(b) All references to Internal Revenue Code sections

within sections 41 and 280C(c) of the Internal Revenue Code

shall be operative for the purposes of this section.

(c) There shall be allowed to each qualified business that

is subject to the tax imposed by this chapter, an income tax

SB1920 HD2 HMS 2007-3703

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Page 13 1920 S.B. NO . s-D-2 H.D. 2

credit for qualified research activities equal to the credit for

research activities provided by section 41 of the Internal

Revenue Code and as modified by this section. The credit shall

be deductible from the taxpayer's net income tax liability, if

any, imposed by this chapter for the taxable year in which the

credit is properly claimed.

(d) Every qualified business, before April 1 of each year

in which qualified research and development activity was

conducted in the previous taxable year, shall submit a written,

certified statement to the director of taxation identifying:

(1) Qualified expenditures, if any, expended in the

previous taxable year; and

(2) The amount of tax credits claimed pursuant to this

section, if any, in the previous taxable year.

The department of taxation shall use the information from the

statements submitted each year under this subsection to prepare

a report published by May 1 of each year presenting the

information received under this subsection. The information

shall be presented in the aggregate and shall be available to

the public.

(e) The department shall:

SB1920 HD2 HMS 2007-3703

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Page 14 1920

S.B. NO . s-Ds2 H.D. 2

(1) Maintain records of the names and addresses of the

taxpayers claiming the credits under this section and

the total amount of the qualified research and

development activity costs upon which the tax credit

is based;

( 2 ) Verify the nature and amount of the qualifying costs

or expenditures;

( 3 ) Total all qualifying and cumulative costs or

expenditures that the department certifies; and

(4) Certify the amount of the tax credit for each taxable

year and cumulative amount of the tax credit.

Upon each determination made under this subsection, the

department shall issue a certificate to the taxpayer verifying

information submitted to the department, including the

qualifying costs or expenditure amounts, the credit amount

certified for each taxable year, and the cumulative amount of

the tax credit during the credit period. The taxpayer shall

file the certificate with the taxpayer's tax return with the

department.

The director of taxation may assess and collect a fee to

offset the costs of certifying tax credit claims under this

section. All fees collected under this section shall be

SB1920 HD2 HMS 2 0 0 7 - 3 7 0 3

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Page 15 1920 SmBm NO s.D-2 H.D. 2

deposited into the tax administration special fund established

under section 235-20.5.

(f) As used in this section:

"Basic research" under section 41(e) of the Internal

Revenue Code shall not include research conducted outside of the

state.

"Qualified business" means the same as in section 235-B.

"Qualified research" under section 41(d)(l) of the Internal

Revenue Code shall not include research conducted outside of the

state.

(g) If the tax credit for qualified performing arts

research activities claimed by a taxpayer exceeds the amount of

income tax payment due from the taxpayer, the excess of the tax

credit over payments due shall be refunded to the taxpayer;

provided that no refund on account of the tax credit allowed by

this section shall be made for amounts less than $1.

(h) All claims for a tax credit under this section shall

be filed on or before the end of the twelfth month following the

close of the taxable year for which the credit may be claimed.

Failure to properly claim the credit shall constitute a waiver

of the right to claim the credit.

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Page 16 1920 S.B. NO ' s-D.2 H.D. 2

(i) The director of taxation may adopt any rules under

chapter 91 and forms necessary to carry out this section.

(j) Persons eligible to claim a tax credit under section

235-D may claim a tax credit under this section but not under

section 235-110.91. Persons not eligible for a tax credit under

section 235-D shall not claim a tax credit under this section.

Any person that has:

(1) Claimed the tax credit under section 235-110.91; and

(2) Not exhausted the right to claim the tax credit

provided thereunder,

shall be eligible to continue to claim the tax credit, without

reduction or requalification, pursuant to this section, if the

taxpayer is eligible to claim a credit under section 235-D.

(k) This section shall not apply to taxable years

beginning after December 31, 2010."

SECTION 3. Section 235-7.3, Hawaii Revised Statutes, is

amended to read as follows:

"1235-7.3 Royalties derived from patents, copyrights, or

trade secrets excluded from gross income. (a) In addition to

the exclusions in section 235-7, there shall be excluded from

gross income, adjusted gross income, and taxable income, amounts

received by an individual or a qualified high technology

SB1920 HD2 HMS 2007-3703

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Page 17 1920

S.B. NO s.D.2 ' H.D. 2

business as royalties and other income derived from any patents,

copyrights, and trade secrets:

(1) Owned by the individual or qualified high technology

business; and

( 2 ) Developed and arising out of a qualified high

technology business.

[ ~ i t h rcspCct to pcrformir,g 2rts prdxcts, this

o:cluslor, skzll extend to:

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Page 18: ACT AN FOR A BILL PART I · A BILL FOR AN ACT RELATING TO TAXATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: PART I SECTION 1. It is time for Hawaii to take full advantage

Page 18 1920 S.B. NO . s-D.2 H.D. 2

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"Qualified high technology business" means a business that

conducts more than fifty per cent of its activities in qualified

research.

"Qualified research" means:

(1) The same as in section 41(d) of the Internal Revenue

Code ;

(2) The development and design of computer software for

ultimate commercial sale, lease, license or to be

otherwise marketed, for economic consideration. With

respect to the software's development and design, the

business shall have substantial control and retain

substantial rights to the resulting intellectual

property;

(3 ) Biotechnology;

- 0 - 1 - (4) Sensor and optic technologies;

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Page 19 1920

H.D. 2

[++I - (5) Ocean sciences;

[+I-)-] - (6) Astronomy; or

[++)-I (7) Nonfossil fuel energy-related technology."

SECTION 4. Section 235-17, Hawaii Revised Statutes, is

amended as follows:

1. By renumbering the section, inserting it into the new

part of chapter 235, Hawaii Revised Statutes, established under

section 2 of this Act, and amending subsection (a) to read:

" [ ~ 3 § - # - 1 5235-D Motion picture, digital media, and film

production income tax credit. (a) Any law to the contrary

notwithstanding, there shall be allowed to each taxpayer subject

to the taxes imposed by this chapter, an income tax credit which

shall be deductible from the taxpayer's net income tax

liability, if any, imposed by this chapter for the taxable year

in which the credit is properly claimed. The amount of the

credit shall be:

(1) Fifteen per cent of the qualified production costs

incurred by a qualified production in any county of

the State with a population of over seven hundred

thousand; or

(2) Twenty per cent of the qualified production costs

incurred by a qualified production in any county of

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Page 20 1920 S.B. NO s.D-2 H.D. 2

the State with a population of seven hundred thousand

or less.

A qualified production occurring in more than one county may

prorate its expenditures based upon the amounts spent in each

county, if the population bases differ enough to change the

percentage of tax credit.

In the case of a partnership, S corporation, estate, or

trust, the tax credit allowable is for qualified production

costs incurred by the entity for the taxable year. The cost

upon which the tax credit is computed shall be determined at the

entity level. Distribution and share of credit shall be

determined by rule.

If a deduction is taken under section 179 (with respect to

election to expense depreciable business assets) of the Internal

Revenue Code of 1986, as amended, no tax credit shall be allowed

for those costs for which the deduction is taken.

The basis for eligible property for depreciation of

accelerated cost recovery system purposes for state income taxes

shall be reduced by the amount of credit allowable and claimed."

2. By amending subsection (e) to read:

"(e) On or after July 1, 2006, no qualified production

cost that has been financed by investments for which a credit

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Page 21 1920 S.B. NO. s.D.2 H.D. 2

was claimed by any taxpayer pursuant to section 235-110.9 is

eligible for credits under this section. A taxpayer that claims

a credit under section 235-110.9 or 235-B shall not be eligible

to claim a credit under this section. Qualified production

costs that are financed by public funds from the State shall not

be eliaible for credits under this section."

3. By amending subsection (h) to read:

"(h) Every taxpayer claiming a tax credit under this

section for a qualified production shall, no later than ninety

days following the end of each taxable year in which qualified

production costs were expended, submit a written, sworn

statement to the department of business, economic development,

and tourism, identifying:

(1) All qualified production costs as provided by

subsection (a), if any, incurred in the previous

taxable year;

(2) The amount of tax credits claimed pursuant to this

section, if any, in the previous taxable year; [&I

(3) The number of total hires versus the number of

qualified local hires by category (i.e., department)

and by county [,I ; and

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Page 22 1920

S.B. NO s-D.2 . H.D. 2

(4) Evidence of educational or workforce development -

efforts, including but not limited to:

(A) Teacher training, mentorship, and internship

opportunities by industry professionals and

Hawaii-based productions for "below-the-line"

local technical crews; and

(B) participation in a statewide advisory council to -

develop training, mentorship, and internship

opportunity programs to produce qualified workers

entering film and television production and

creative media industries.

The department of business, economic development, and tourism

shall use the information from the statements submitted under

this section to prepare a report, published biannually, no later

than June 30 and December 31, presenting information identifying

tax credit recipients and the aggregate total value of the

credits received under this subsection. The information shall

be available to the public in both print and electronic form."

4. By amending subsection (j) to read:

" ( j ) Total tax credits claimed per qualified production

shall not exceed [$8,000,002.] $ It

PART I1

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Page 23 1920 S.B. NO. s.D-2 H.D. 2

SECTION 5. The purpose of this part is to streamline the

administration of the Hawaii television and film development

special fund.

SECTION 6. Section 201-111, Hawaii Revised Statutes, is

amended to read as follows:

1. By adding a new definition to be appropriately inserted

and to read:

""Department" means the department of business, economic

development, and tourism."

2. By deleting the definition of "board".

r-2~2 the: I-I=:: t c leT~:s lsz 2 ~ 2 fi:iLL =?cvelcm=+ . . , .

bozrd. " I

SECTION 7. Section 201-113, Hawaii Revised Statutes, is

amended by amending subsection (b) to read as follows:

"(b) The fund shall be used by the +ha#i] department to

assist in, and provide incentives for, the production of

eligible Hawaii projects that are in compliance with criteria

and standards established [k-1 in accordance with

rules adopted [b-1 pursuant to chapter 91. [&I

~ r t ; e u l 2 r , t h c board] The department shall adopt rules to

provide for the implementation of the following programs:

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Page 24 1920

S.B. NO. s.Da2 H.D. 2

(1) A grant program. [Thc bczrz sh22.1 zdspt rzlcs] Rules

adopted pursuant to chapter 91 [&el shall provide

conditions and qualifications for grants.

Applications for grants shall [ s c ts thc bczrd

a&i-&&&] contain such information as [-

rL-l1 -cqdlrcl required by rules adopted pursuant to

chapter 91. At a minimum, the applicant shall agree

to the following conditions:

(A) The grant shall be used exclusively for eligible

Hawaii projects;

(B) The applicant shall have applied for or received

all applicable licenses and permits;

(C) The applicant shall comply with applicable

federal and state laws prohibiting discrimination

against any person on the basis of race, color,

national origin, religion, creed, sex, age, or

physical handicap;

(D) The applicant shall comply with other

requirements as the [ M I department may

prescribe;

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Page 25 1920

S.B. NO. H.D. 2

(E) All activities undertaken with funds received

shall comply with all applicable federal, state,

and county statutes and ordinances;

(F) The applicant shall indemnify and save harmless

the State of Hawaii and its officers, agents, and

employees from and against any and all claims

arising out of or resulting from activities

carried out or projects undertaken with funds

provided hereunder, and procure sufficient

insurance to provide this indemnification if

requested to do so by the department;

(G) The applicant shall make available [-I

all records the applicant may have relating to

the project, to allow the [W] department to

monitor the applicant's compliance with the

purpose of this chapter; and

(H) The applicant[, tc tLn sztisfxtis~ cf tkc

bc2rd,] shall establish that sufficient funds are

available for the completion of the project for

20 the purpose for which the grant is awarded; and

21 (2) A venture capital program. [-&p%

22 -1 Rules adopted pursuant to chapter 91 [Gel shall

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Page 26 1920

S.B. NO s.D.2 H.D. 2

provide conditions and qualifications for venture

capital investments in eligible Hawaii projects. The

program may include a written agreement between the

borrower and the [%r6,] department, as the

representative of the State, that as consideration for

the venture capital investment made under this part,

the borrower shall share any royalties, licenses,

titles, rights, or any other monetary benefits that

may accrue to the borrower pursuant to terms and

conditions established [kY-1 by rule pursuant

to chapter 91. Venture capital investments may be

made on such terms and conditions as the [ W ]

department shall determine to be reasonable,

appropriate, and consistent with the purposes and

objectives of this part."

SECTION 8. Section 201-114, Hawaii Revised Statutes, is

amended to read as follows:

" [fl§201-114[+1 Inspection of premises and records. The

[-I department shall have the right to inspect, at

reasonable hours, the plant, physical facilities, equipment,

premises, books, and records of any applicant in connection with

the processing of a grant to the applicant."

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Page 27 1920 S.B. NO. s.Ds2 H.D. 2

SECTION 9 . Section 201-112, Hawaii Revised Sta tu tes , is

repealed.

[ 't=$ - . . . . . .

t n l nr r - - 7 nn 7n 1 Ht L I L V I U I V I L UIlU L I I

d c z e l o ~ n t bczrd. The bosrd sh211 be zttzehed to thc

dcpzr tmnt of b ~ s l n c s s , ee-ie dcTzelopxr,t , zr,d to.;risLLL f o r

.n, #-.tnv 4-71- , , ~ - t v ? t q T Y ~ nl---npn#-. n n l - 7 U L L U L I V L p U L p V U L U V I I I Y . A L L A U L L A C - A L L

t c lcv ls lcn 2nd f dcvclopcnt spcczzl f l ~ n d cstzbllshcd ti-Aee s ,

t h i s pz r t . The bczrd s h z l l z l s c zsscss zzd ccnszdcr the ovLr;l l

, * . . v l z b l l l t y zEd dcvckpmcnt of the tclcvlslon 222 fz lx zndustr:cs

vC- 7 - n L Y , L V U L V L

nv n l , v n r , 7 n t t n c v n n t , ~n r ) C VL p U A Y U U I l L LV U L b L I V I I Y V

#-.nvTTn F ~ ~ . - ,ln-,v C-t7 nne U L L V L L V U L Y L U L U L U U C - L L I I I U . V A l

c f the soT-or's zppoxntm=ts shz l l be FREF~C f rm z l ls t of

t + n A h.7 thn - v n # - . ~ A n n t -F thn #-.nn-tn 7 n A -nnt

t he spczker cf the kousc of rcpreser,tztlvcs. The four zppcintd

nn nv n n t n v t - , ~ V A L , VL L L l L L A L U I

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Page 28 1920

S.B. NO s.D.2 H.D. 2

the feur eGuzty fIl-issi=s cr Its cquivzlcnt, s h z l l scrT+e

mhn L n 7 - A - - i l l -Ann+ Yl - ln- -llY-177nt th nh7ntnY 0 1 t3 u p u L u u u r L L L" brrupLLL .,I L

cf f cctzztc tkc pzrpescc ~f thls pzrt . " ]

PART I11

SECTION 10. In codifying the new sections added by

sections 2 and 4 of this Act, the revisor of statutes shall

substitute appropriate section numbers for the letters used in

designating the new sections in this Act.

SECTION 11. Statutory material to be repealed is bracketed

and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2020.

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S.B. NO. 1920 S.D. 2 H.D. 2

Report Title : Film, Motion Pictures, and Digital Media

Description: Recodifies provisions pertaining to certain performing-arts related tax credits and exclusions. Improves the administration and transparency of the Motion Picture, Digital Media, and Film Production Tax Credit. Repeals the Hawaii Television and Film Development Board. (SB1920 HD2)

SB1920 HD2 HMS 2007-3703